A physical therapist receives a phone call from a woman demanding to know when her daughter-in-law’s next appointment is. The therapist tells the woman that she cannot disclose any information, and the woman becomes very angry and abusive, threatening to make a complaint. After the phone call, the therapist logs into the electronic medical record system to make a note about the conversation. However, since the two women share the same last name, the therapist accidentally accesses the woman’s record instead of the daughter-in-law’s record. The therapist realizes the mistake, but not before spotting that the woman suffers from a serious mental health disorder, which might explain her behavior on the phone. The therapist mentions to her supervisor the possibility of a complaint being brought and also mentions that the woman has a history of mental health problems. Do you feel that there has been a breach of confidentiality? Why or why not? How should the supervisor handle this situation? Should the patient be notified?
RESOURCES THAT MAY OR MAY NOT HELP:
Textbook: Medical Law and Ethics, Chapters 9 and 10
Chapter 9 guiding questions:
1. What are the main purposes of the medical record?
2. What are the requirements for maintaining a medical record?
3. What are the confidentiality obligations when using electronic medical record-keeping?
Chapter 10 guiding questions:
1. What are the problems associated with patient confidentiality?
2. What is the purpose of HIPAA?
3. What are the Privacy Rule and the privacy standards?
https://ezproxy.snhu.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=edsggo&AN=edsgcl.730600901&site=eds-live&scope=site
Read this Shapiro Library article to understand the U.S. medical privacy provisions, the HIPAA Privacy and Security Rules, which provide patients with important protections and place obligations on providers but with limitations.
https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
This webpage offers a series short videos on patient confidentiality.
https://www.ama-assn.org/practice-management/hipaa/hipaa-violations-enforcement
Review this webpage from the American Medical Association (AMA) about the consequences of not complying with HIPAA.
Video: https://www.youtube.com/watch?v=QO03vlOyGco
1:51
This video includes information on the proper use of social media, email, texting, and faxing as pertaining to HIPAA law.
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